QUESTION
What should I do if my attorney backs out?
Asked on May 07th, 2013 on Personal Injury - Michigan
More details to this question:
My attorney is suing for 150,000.00. When he first got my case, he said it would be no problem and now he is saying no. Why is he going back on his word? Two days ago, they actually said he was filling out the paperwork to a lending company. He straight out lied. Why?
13 ANSWERS
Ronald A. Steinberg
Get another lawyer.
Answered on May 10th, 2013 at 11:25 AM
You should look into getting a replacement attorney who can get copies of everything.
Answered on May 10th, 2013 at 2:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You do not give much information. I do not know what the case is about, and I'm at a loss to understand what the attorney filling out paperwork to a lending company has to do with anything. I do not know what you mean when you say the attorney is saying "no". I do not know if this means he now thinks you will get less, now refuses to go to trial, or said he would help you get a loan or advance against your case, and now says no. If the attorney first told you he could get a 150,000, but now thinks he can get less, this makes sense. An attorney really cannot say with any degree of certainty what the outcome will be in the beginning, and as the attorney learns more through discovery, attorney's view of the case changes (usually downward rather than upward). For this reason, I usually avoid mentioning specific dollar figures at the beginning of the case. If he said he would help get you a loan, and now says no, he loan company may have thought your case was too much of a risk to loan money against. I recommend that you express your concerns with your attorney and see if he can help you understand whatever it is you are asking.
Answered on May 10th, 2013 at 2:50 AM
There is no way to know the reasons without knowing the lawyer, his or her experience, the evidence in the case and the legal theories advanced. Anyone can say the case will bring in $150,000, but is the case really worth that amount? Probably not. I never at the beginning of a case predict what a case will settle for or bring in with a verdict. I will say this about lending companies; a lot of times it's a bad decision. You're not in the business of litigation, you're a client and as a client you haven't a clue about the risk of losing. So why would you think you have the ability to borrow against the lawsuit as if it were an asset? Go find a new lawyer and stop the nonsense of trying to live off of whim.
Answered on May 10th, 2013 at 2:47 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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There are a lot of details left out, here. As for whether your attorney "lied," remember, if the attorney tells you something at the beginning of the case which turns out to be untrue, it does NOT necessarily mean he LIED to you...circumstances change, and often because of things entirely out of the attorney's control. Of course, attorneys do sometimes lie to clients, but I cannot tell from what you state in this question whether that's true in this case. If you suspect your attorney has done something wrong with your case, contact the State Bar of California and get them to investigate the situation.
Answered on May 10th, 2013 at 2:39 AM
James Eugene Hasser
Something went south on your case. Ask your lawyer to explain and give you your legal options. Good luck.
Answered on May 10th, 2013 at 1:16 AM
I do not understand the facts of your case. Why your attorney is acting as he is must be explained by him.
Answered on May 09th, 2013 at 3:10 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You have not provided enough facts to ascertain why he is changing his mind. But oftentimes an attorney will have an opinion at the commencement of a case based on the facts provided to he or she at that time. then fact come to light that devalue the case significantly. I have no idea what you are referring to re filling out paperwork for a lending company.
Answered on May 09th, 2013 at 2:42 PM
1 Award
Since your lawyer has decided not to represent you, you will have to find a lawyer who will. If your case is a good one, you should be able to find another lawyer.
Answered on May 09th, 2013 at 2:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There are any number of reasons for an attorney to withdraw. However, if he has already filed suit, he will have to get the court's permission and tell the court and you why he wants out. Regardless, start now to find another attorney.
Answered on May 09th, 2013 at 3:26 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You really do need to find out the facts before you start calling people liars. Why would a person take your case unless he thought he could do some good with it? Only an idiot would do that. He obviously found out something that changed his opinion of the matter. So rather than call names, why don't you ask him to explain his position to you. And if that does not satisfy you get another lawyer to look into it. Lawyers very often find out things, very often they find their clients have not told them the truth. Sometimes clients don't know the truth. Sometimes clients think if they can hide the truth from their lawyer he can hide it from the judge. Get your facts straight. You probably have a bad case.
Answered on May 09th, 2013 at 2:53 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The answer to the first question is: "Get a new attorney" Next, you write: "He said it would be no problem and now he is saying no. Why is he going back on his word?" You cannot seriously expect anyone on this panel, who has never met you, doesn't know who your attorney is, and who has no idea what your case is all about, to have any kind of meaningful answer. The same with: "He straight out lied. Why?" How are we supposed to know? Now let me see if I can address some of what you mention: I expect that you heard what you wanted to hear when you report that at first he said it would be no problem. He is suing for $150,000. That's a problem. No one gives up that kind of money in a contested matter. When you ask why is he going back on his word, it is not his word he is going back on. He apparantly thought it would not be as difficult as it has turned out to be. Now, who are "they" who said he was filling out paperwork? What paperwork, how does a lending company figure into it? Why do you say he lied? About what? How do you know it was a lie? You could be right about all those things, but you don't give us basic information.
Answered on May 09th, 2013 at 2:45 AM
John Hone
Who knows. I have no idea what your case is about, but apparently you thought it was worth $150,000. If your case was worth that, the lawyer would not be withdrawing from it. The facts of the case are the reason he is withdrawing, most likely. But not knowing for sure, take my perspective with a grain of salt.
Answered on May 08th, 2013 at 7:17 AM